The Second Division consisted of the regular members and in
addition Referee Lloyd H. Bailer when award was rendered.
SYSTEM FEDERATION NO. 57, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L.-C. I. O. (Electrical Workers)
THE NEW YORK, CHICAGO AND ST. LOUIS RAILROAD
COMPANY
EMPLOYES' STATEMENT OF FACTS: Electrical Worker E. E. Landrus, hereinafter referred to as the claimant, is employed by the New York, Chicago & St. Louis Railroad Company, hereinafter referred to as the carrier, in its Communication Department. He has served the carrier as groundman, gang lineman, assistant foreman, foreman and section lineman for approximately ten years.
On August 19, 195 7 a collision occurred between a track motor car operated by the claimant and one operated by Section Foreman Leonard Worrell.
Under date of September 3, 195 7 a message was sent to the claimant, by company wire, directing him to be present at joint hearing to be held at Ramsey, Illinois, September 6, 1957, account of motor car collision on August 29, 1957. A copy of this message is submitted as Exhibit A.
Joint hearings, for the five employes involved in the collision of the motor cars on August 29, 1957, were held at Ramsey, Illinois, as scheduled. A transcript of these hearings is submitted as Exhibit B.
tunity of obtaining witnesses and representation. The claimant knew precisely the purpose of the hearing and that it involved determining his personal responsibility, if any, for the accident. Every witness that could have any connection with the accident was called and heard. Representative McDonnell was given the opportunity of questioning and examining all witnesses.
The hearing and investigation was fair and impartial and was conducted in the same manner that all other hearings and investigations are held on the property. Discipline Rule 18 was fully complied with.
There was sound basis for the application of discipline and the amount assessed in this case was lenient, considering the offense. The request that such discipline be removed should be denied.
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
On August 29, 1957, a head-on collision occurred between a track motor car operated by the claimant lineman and another such car operated by a section forman. This occurrence took place in single track territory. After a hearing was held on the property, both employes were assessed an actual suspension of five days. Carrier's stated reason for the discipline imposed upon claimant Landrus-the only employe involved in the present case-was "failure to have your motor car under control, this failure being a contributing cause of this accident.
We find that carrier complied with the procedural requirements of Rule 18, the petitioner's contention to the contrary. In the light of the entire record in this docket, we also conclude that no basis is afforded for setting aside the disciplinary action taken.